Filing AOS after your VWP expires!

[B&M 0]

Ok, im reposting this from my other thread just cause I feel it deserves its own. We just got married about 7 days ago, and her VWP expires yesterday, someone had told us in our original post in a different thread that it wont be an issue (or shouldn't) to send in the packet afterwards, but now I read somewhere that she isn't to even apply for AOS if her VWP has expired, could someone please help set this straight for us, and tell us what our options are! Thank you so much,

-B&M

[Kittykisses73 1]

My friend NOW HUSBAND came to this country in August to visit for the first time. We met and sparks flew! About 6 weeks later he spent the rest of the money he had to live on for the next month on my engagement ring and on Nov. 1 we got married. He was scheduled to leave Nov 14.

His stay on the VWP was up Nov 28.

We started getting the papers together, but we had to get birth cert, divorce papers and police report from Australia. It took us three months to assemble (mostly waiting for forms from Australia).

We sent them in on Feb 28. We have not had any troubles so far. Things have been pretty routine and smooth. The overstay I understand they forgive because you are in the act of filing for AOS, and once you file the AOS unless you file for AP, you HAVE TO STAY here or you abandon your applications and have to start all over again.

I hope everything works out for you and wish you both much luck & happiness!

Keep me informed of how things go for you! Its a long stressful journey, but you'll get thru!

[Bobby+Umit 161]

Ok, im reposting this from my other thread just cause I feel it deserves its own. We just got married about 7 days ago, and her VWP expires yesterday, someone had told us in our original post in a different thread that it wont be an issue (or shouldn't) to send in the packet afterwards, but now I read somewhere that she isn't to even apply for AOS if her VWP has expired, could someone please help set this straight for us, and tell us what our options are! Thank you so much,

-B&M

You can apply for the AOS anytime, however, her status is currently "out of status" and she is subject to deportation.

Her status is not safe until you get the NOA for the AOS, then it will change to "applicant awaiting status".

She is also accruing "out of status" days, that count against the 3/10 year ban, if she leaves and attempts to re-enter the US. (180+ to kick ban in). Note - if she gets 180+ of overstay, do not let her travel even with the AP, the ban will still apply.

So get the AOS in ASAP to avoid issues.

[qpking 0]

Ok, im reposting this from my other thread just cause I feel it deserves its own. We just got married about 7 days ago, and her VWP expires yesterday, someone had told us in our original post in a different thread that it wont be an issue (or shouldn't) to send in the packet afterwards, but now I read somewhere that she isn't to even apply for AOS if her VWP has expired, could someone please help set this straight for us, and tell us what our options are! Thank you so much,

-B&M

Is a police report from the beneficiary's country required ??